Florida/Georgia Personal Injury & Workers Compensation

...change in the licensed bed capacity, and no new services subject to CON review; and that the project was "not driven by a fixed need pool." AHCA also admitted in proceedings below that Cleveland's application was not subjected to the requirements of section 408.039(1) and (2), Florida Statutes, and that it was not comparatively reviewed against any other pending applications....

...sues raised by the orders of the hearing officer and AHCA. Cleveland first contends that the hearing officer's order granting intervention and remanding to AHCA for comparative review was beyond the hearing officer's jurisdiction and in violation of section 408.039(5)(b), Florida Statutes, as well as established agency rules and judicial precedent....

...t does not fall within the express condition of section 408.036(1) that the proposed project be accomplished at the location of the existing hospital. AHCA's order further finds this interpretation consistent with the limitation on standing found in section 408.039(5)(b), which denies standing to health care providers to intervene in an administrative proceeding which is subject to CON review "solely on the basis of section 408.036(1)(c)." The primary focus of Cleveland's attack on the agency's...

...pital was entitled to expedited, non-comparative review. We approved the contention by HRS that the relocation of a hospital qualified as a "capital expenditure" under section 381.706(1)(c) (now 408.032(1)), and that under section 381.709(5)(b) (now 408.039(5)(b)), existing health care providers have "no standing or right to intervene in an administrative hearing involving the [sic] health care project which is subject to certificate of need review solely on the basis of section 381.706(1)(c) [now 408.036(1)(c)]." 599 So.2d at 212....

...law, or otherwise constitutes an abuse of discretion. See Legal Envtl. Assistance Found., Inc. v. Clark, 668 So.2d 982 (Fla.1996). AHCA argues that the standard of review in appeals of orders regarding certificates of need is governed exclusively by section 408.039(6)(b), Florida Statutes (2001), which provides that the reviewing court "shall affirm the final order of the agency, unless the decision is arbitrary, capricious, or not in compliance with ss....

...408.031-408.045 [the Health Facility and Development Act]." AHCA argues that, by this statute, the Legislature has determined that final orders relating to certificates of need are to be accorded more deference than agency orders are generally accorded under section 120.68. We cannot agree. We read section 408.039(6)(b) in pari materia with section 120.68(7) and conclude that section 408.039(6)(b) is simply a restatement of the standard of review set forth in section 120.68(7) generally....

...ven Hospital's application. Lakeland Regional responded by filing, in April 2003, a petition for formal administration hearing, presenting issues which, if resolved in its favor, would result in the denial of Winter Haven Hospital's application. See § 408.039(5)(c), Fla....

...ces of intent to issue a CON by AHCA. A notice of intent is only awarded after AHCA reviews the CON application and a CON would have been awarded to Winter Haven Hospital based on this review had Lakeland Regional not challenged the application. See § 408.039(4), Fla....

...onal 63 community nursing home beds in Manatee County, Florida. Vantage timely filed a letter of intent to apply for the CON for those beds on October 31, 1994. That triggered the grace period for competing applicants to file letters of intent under section 408.039(2)(b) and Florida Administrative Code Rule 59C-1.008(1)(g)....

...Here, HPBC's allegations were sufficient to at least raise a factual question as to whether the issuance of a license resulted from the issuance of a de facto CON. HPBC, a hospice provider in Palm Beach County, has statutory standing to intervene in a competitor's CON proceedings. Section 408.039(5)(c) provides that "[e]xisting health care facilities may initiate or intervene in an administrative hearing upon a showing that an established program will be substantially affected by the issuance of any certificate of need ......

...The Health Trust filed a timely Petition for Administrative Hearing, appealing the decision to award a CON to the Cleveland Clinic. The Cleveland Clinic responded with a motion to dismiss the Health Trust’s petition, arguing that the Health Trust lacked standing to initiate an administrative proceeding under section 408.039(5)(c), Florida Statutes [the “standing” provision]....

...That section provides that: Existing health care facilities may initiate or intervene in an administrative hearing upon a showing that an established program will be substantially affected by the issuance of any certificate of need to a competing proposed facility or program within the same district. § 408.039(5)(c), Fla....

...poses “transplant region” was synonymous with the term “district.” The administrative law judge, after hearing argument, recommended that the agency grant Cleveland Clinic’s motion to dismiss, finding that, pursuant to the plain meaning of section 408.039, a petition for administrative review of an agency’s CON action must allege that an established program was within the same district....

...sed under Chapter 395, F.S., which are located in a distinct part of a hospital that is Medicare certified as a skilled nursing unit. All proposals for community nursing home beds will be comparatively reviewed consistent with the requirements of subsection 408.039(1), F.S., and consistent with the batching cycles for nursing home projects described in paragraph 59C-1.008(1)( l ), F.A.C.......

...the overall community nursing home inventory. He noted, based upon the findings of fact set out above, that "such hospital based units are not similar in terms of services, facilities, and equipment when compared to all community nursing home beds." Section 408.039(1), Florida Statutes (1993), allows certificate of need review in the same cycle of "all completed applications pertaining to similar types of services, facilities, or equipment...." The order concludes that the challenged rule contravenes this statute....

...Life Care's appellate issue is: "Whether the final order rests upon findings that are contrary to the record evidence, and upon invalid legal conclusions?" Appellee HCR seeks appellate attorney's fees on the basis of section 120.595(5), Florida Statutes (Supp.1996), and section 408.039(6)(c), Florida Statutes....

...ees and reasonable costs to the prevailing party if the court finds that the appeal was frivolous, meritless, or an abuse of the appellate process, or that the agency action which precipitated the appeal was a gross abuse of the agency's discretion. Section 408.039(6)(c) allows the court, in its discretion, to award a reasonable attorney's fees and costs to the prevailing party in an appeal from a certificate of need proceeding if the court finds that there was a complete absence of a justiciable issue of law or fact raised by the losing party....

meet the threshold standing requirements of section 408.039(5)(b), as explained in our decision in HCA

...g for applications (and reapplications) in biennial review/batching cycles so that health care projects can be proposed, compared, and authorized expeditiously by AHCA in response to the dynamics of the often-shifting health care marketplace. See § 408.039, Fla....

...peal. First, when a final order granting or denying a CON application is appealed, Florida law directs courts to “affirm the final order of the agency, unless the decision is arbitrary, capricious, or not in compliance with ss. 408.031-408.045.” § 408.039(6)(b), Fla....

...That a county or counties within the service area of a licensed Hospice program are not being served.” Id. AHCA’s process for reviewing CON applications allows parties to obtain an administrative hearing after it conditionally grants or denies a CON application. See § 408.039(4)-(5), Fla....

...s because these populations and counties were “not being served.” With respect to the final hearing evidence here, AHCA’s decision is not arbitrary, capricious, or out of compliance with the requirements of chapter 408, Florida Statutes. § 408.039(6)(b), Fla....

...But we agree with VITAS that AHCA’s revision to this paragraph, contained within a section of the order addressing “Hope’s Opposition . . .,” is not reversible error and made no substantive difference in the special circumstances analysis or to the decision to grant VITAS’s CON application. For purposes of section 408.039(6)(b), Florida Statutes, AHCA’s action was not arbitrary, capricious, or in violation of the applicable provisions of chapter 408....

Stat. 17 Section 408.033(1)(c), Fla. Stat. Section 408.039(3)(b), Fla. Stat., provides that upon the request

...may initiate or intervene in an administrative hearing upon a showing that an established program will be substantially affected by the issuance of any certificate of need ... to a competing proposed facility or program within the same district.” § 408.039(5)(c), Fla....

expansion are subject to “comparative review.” § 408.039, Fla. Stat. (2017). When review is complete, the

...ida Dep’t of Transp. v. J.W.C. Co., 396 So.2d 778, 786 (Fla. 1st DCA 1981). Lastly, MJH has failed to demonstrate that the Agency’s final order was arbitrary, capricious or not in compliance with the Health Facility and Services Development Act. § 408.039(6)(b), Fla....